• 대한안전경영과학회지
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• 제15권1호
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• pp.87-100
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• 2013

The purpose of this study is to analyze the employer's perception and corresponding types of the Industrial Accident Compensation Insurance System. To analyze the employer's perception and corresponding types of the Industrial Accident Compensation Insurance System, interviews and surveys were conducted. Based on the analysis of interview and survey results, we proposed policy alternatives to raise awareness of the Industrial Accident Compensation Insurance System and increase the utilization of the Industrial Accident Compensation Insurance System.

• 대한예방한의학회지
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• 제1권1호
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• pp.137-148
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• 1997

The Serial Securities and the Social Welfare, as the national policy aimed at securing generals' lives, are the policies or systems for the stabilization in lift; especially of law-incomers and workers, for which the povernment has to establish the Social Security System. No wonder the Social Insurance System is a part of the Social Security System and the most important. The Social Insurance System, along with Public Assistance, is underlying the Social Security System. Social Security System includes medical insurance, industrial accident Compensation insurance, national pention insurance and employment insurance. The study is on 'The Oriental Medical Insurance and the Industrial Accident Compensation in the Social Security System' . The rate of industrial accident in Korea marks the highest rank in the world. for laborer, industrial accident do not merely mean the loss of health but the question of the right to live in terms of their loss of opportunity of life. The industrial accident compensation system should be established as the es post facto remedy system to guarantee the injured worker and his/her family's life. The oriental medical insurance system which began to operate in 1987 in Korea is based on unionism and divided into 3 parts; one part for the worker, a second part for the community inhabitants, and a third part for the public service personnel and private school personnel. Today the medical problem must be the most important social assignment to be considered. The medical system of contemporary industrial society has began greatly stood out in relief as a part of social welfare not emphasized on gainings of physicians. Accordingly systematization of the oriental medical insurance was strongly Pursued and it was developed to to the extent of entire nation insurance. Though the history of it is very short, most of the people are getting benefit from the insurance system by the social security system method. This study develops the Oriental Medical Insurance, the Workmen's Accident Compensation Insurance, the Pension System in relation to the industrial accident compensation of Employees, along with the ideas and principles of social insurance.

• 한국사회복지학
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• 제59권3호
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• pp.59-73
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• 2007

본 연구는 산재보험의 재해보상이 산재 여부에 따라 급여 수급을 전액받거나 혹은 전액 받지 못하는 체계로 인해 산재여부에 대한 판정의 복잡성과 갈등의 요소가 내재되어 있는 문제점의 개선에 초점을 두고 있다. 재해보상형태는 초기 원인주의에 입각한 사용자의 배상책임에 따라 배상 정도가 결정되었으나, 이후 무과실책임주의로의 전환과 재해인정범위의 확대 과정을 거치게 되었다. 이러한 발전은 재해인정에 있어서 All or Nothing 원칙 강화로 이어지게 된다. All or Nothing 원칙이 상당한 논란의 소지가 있음에도 부분인정제도를 도입하기 어려운 이유는 행정적 복잡성을 더욱 심화시키는 점에 있다. 따라서 선진국에서는 사회보장의 종합적 차원에서 보편적 보장을 통해 전체인정제도의 한계를 극복하고 있다. 하지만 한국의 경우 재해로 인한 비용발생이나 소득손실에 대해 종합적 보장체제가 이뤄져 있지 않아 산재인정과 관련된 논란이 심해질 우려가 있다. 따라서 보상차등화의 취지와 논리 수용을 통한 제도개선과 더불어 장기적으로는 종합적인 재해보상 체제 구축이 요구된다.

• 대한안전경영과학회지
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• 제11권4호
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• pp.25-33
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• 2009

Since it's first adaptation in Germany in 1884, the industrial accident compensation insurance system has been on the most widely used social security systems, and in was first enforced in Korea in 1964. Today's society has been industrialized and number of business places for workers accident. As the welfare of workers improves in korea, the number of beneficiaries of industrial accident compensation insurance is increasing. Even though such trend is desirable in many respects, there is a growing social problem caused by abnormal insurance claims.

• 해양환경안전학회지
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• 제28권4호
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• pp.567-576
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• 2022

선원은 해상이라는 노동환경의 공간적 특수성으로 말미암아 예측할 수 없는 다양한 해상위험에 노출되어 있어 이를 고려해 재해선원에 대한 충분한 보상이 필요하다. 그러나 우리나라의 선원법은 육상근로자와 비교했을 경우 재해선원에 대한 보상이 미흡한 상태이다. 이에 본 연구에서는 유럽의 사회보험 선진국인 독일의 해양노동법, 산재보험법을 살펴보고 우리나라와 비교하여 시사점을 도출하고자 하였다. 먼저 선원재해 발생 시의 보상 주체에 대해서 독일은 공적 성격의 기관에서 관리하는 반면 우리나라는 선박소유자가 전적으로 보상하고 있는 것으로 조사되었다. 두 번째로 재해보상의 내용에 대해서 독일은 다양한 지원제도를 통해 연속적인 치료와 요양을 제공할 뿐 아니라 선박 업무 복귀를 위한 다양한 프로그램을 운영하고 있다. 그러나 우리나라는 선박소유자가 재해보상의 책임을 면할 수 있도록 하는 일시보상제도를 두고 있어 재해선원에게 불리한 상황인 것으로 분석되었다. 마지막으로 선원재해의 원인을 판단하는 주체는 독일의 경우 공적 성격의 산재보험조합이 업무 기인성에 대해 판단하고 있으나, 우리나라는 선박소유자나 보험회사에 의해서 결정되고 있는 것으로 나타났다. 따라서 우리나라의 재해선원에 대한 적절한 보상을 위해서 선원재해보상을 주관하는 공공기관을 설립하여 역할을 부여할 필요가 있으며, 재요양, 장해연금, 재활급여 등을 보상받을 수 있도록 선원법 정비 또는 관련 제도의 개선이 필요하다.

• 의료법학
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• 제7권2호
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• pp.271-310
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• 2006

In the situation of bringing out of social problem about the medical accident and medical dispute, from 1988 the enactment activity for a legislative bill on conciliation of dispute has promoted, a legislative bill on prevention and relief of medical accident was again proposed in December, 2005. This bill has been faced rough going in review process of National Assembly. Because the purpose of this legislative bill is the conciliation of interest of between medical service consumer and medical service supplier, an item of issues of law is no-fault compensation scheme. However, as no-fault compensation scheme runs counter to the principle liability with fault in our civil law, as expected, whether the inducement is valid or, if induced, the problem is not must be totally reviewed. First of all, the general of principle liability without fault and especially the medical system in foreign countries are reviewed, by reviewing an issue and the pros and cons of the inducement of no-fault compensation scheme, this article draws the conclusion. After all, considering that the necessity adapting Gefahrdungschftung in medical accident as much as other industrial fields exists, the many provisions of the principle liability without fault exists in civil law and special law of our law system, and no-fault compensation scheme let legislative purpose be, to what extent, achieved by conciliating patient and doctor, the inducement of principle liability without fault in medical field is reasonable in the aspect of politic and legal system.

• 농촌지도와개발
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• 제18권3호
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• pp.351-384
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• 2011

The purpose of this study is to look at the case of the German compensation system for farmers' accidents and to build a basic scheme in our country's compensation system for farmers' accidents. When you view examples of Germany, the social insurance scheme for farmers accidents in korea should be design as an independent institution from the existing industrial accident insurance, and it comes to relationships with other social insurance system, preferably with complementary personalities. A general rule of the compensation system applies to all farmers in principle but the coverage limits part-time farmers. Financial burden consists of the mix of insurance premium and state aid. The type and level of benefits is similar to the current industrial accident insurance, which give priority to places on economic security for keeping farmworks, such as cost for using temporary farmers, rather than income loss. In terms of financial system, pay-as-you-go system would be better because of immediate payment with the introduction of the compensation system. The compensation system might be managed and administrated by the existing nationwide organization. Of course, for operating of system review and further research on the technical details such as premium issues and funding problems of government support, the exact classification of the target coverage, premiums based on estimated income for the farmers' estimation, the exact statistical data on the accumulation of agricultural disaster is needed.

• 의료법학
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• 제11권1호
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• pp.59-84
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• 2010

Medical practice is characterized by various physiological response and uncapacity of prediction, therefore when medical accident occur it's hard to prove medical professionals' mistake. Though medical accident by medical professionals' mistake will be compensated anyhow, about irresistible medical accidents, no one should be not bound to compensate, victims get into very difficult situation. So, the nation don't negligent irresistible medical accidents but compensate anyway. As in the past, to the legal principle's constitution of irresistible medical accidents, theory of liability without fault was adapted, and it was said this theory was illogical in theory of liability with fault. But the subject of compensation to irresistible medical accidents is nation, nation don't participate in medical treatment therefore there is no room to occur mistake. And it is not reasonable to regard medical agency as a truster of public service, to cast to it responsibility of medical accidents. The problem of compensation to irresistible medical accidents is understood under the theory of social compensation. Social compensation is consisted of compensation to sacrifice and contribution to nation and society and compensation to sacrifice revealed under danger, the compensation to irresistible medical accidents belongs to the latter. This is near to concept of relief, is applied to national compensation system supplementarily, and compensation have no option but to compensate minimum. And there are not relation between national compensation system of irresistible medical accidents and proof liability transposition and theory of liability with out fault, merely in side of sharing responsibility burden between medical treater and victim, it is reasonable to discuss transportation of proof liability and compulsive liability insurance together.

• 한국정보시스템학회지:정보시스템연구
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• 제31권2호
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• pp.217-238
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• 2022

Purpose This study aims to develop a work-related injury and illness monitoring geographic information system that analyzes and visualizes the types of work-related injury and illness based on workers' compensation insurance big data. Design/methodology/approach Using the developed system, we explained the process of monitoring the areas of the applied workplace, medical care application, index, and medical care institution. We also showed examples of analyzing the index and medical care institution area. By applying the system, we can intuitively recognize the current status of workers' compensation insurance and confirm the basic information necessary for managing the current status of workers' compensation insurance. Findings We generated more helpful information by combining workers' compensation insurance data and designated medical care institution data. We were able to apply the severity score and the vulnerability index of work-related injury and illness to the system as a demonstration. To efficiently manage workers' compensation insurance, it was necessary to integrate workers' compensation insurance and designated medical care institution data, as well as the data from various sources.

• 한국직업건강간호학회지
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• 제16권2호
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• pp.222-231
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• 2007

Purpose: This study aims to suggest political alternatives for nursing care costs for PCAs to provide qualitative medical benefit for patients with occupational disease by investigating present situation and problems of the nursing care cost system of Korea's Industrial Accident Compensation Insurance. Methods: Data was collected from 6 workers' accident medical corporation and 275 nurses affiliated with Korea labor welfare corporation using self reported questionnaire. Result: Research results were as follows; Character of nursing care cost of the Korea's Industrial accident Compensation Insurance changed as if it aims to support for living expenses for the family; As possible problems which could be caused under current system, administrative problems, decrease of service quality were made as objects of criticism. Some patients did not make every effort in rehabilitation to be beneficiaries continuously. Some patients were supplied with whole one PCA or all-night PCA even though they did not need as much caring as such. Conclusion: The research suggested that PCAs payment system improvement is necessary, and the presented nurses' opinion for the improvement method could be applied for policy making.